FrankP11 (California)
Posts: 13
Posts: 13
Posted:
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Can non-Board members request an open meeting?
Started by FrankP11 • 20 replies • 1734 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Yes, it called a special meeting of the members and it is done through a petition process with 5% of the membership signed a petition. The petition must be specific in nature.
Below is a link for help.
http://www.davis-stirling.com/MainMenu/MainIndex/Meetingsspecial/tabid/586/Default.aspx#axzz30FEp5gDS
Below is a link for help.
http://www.davis-stirling.com/MainMenu/MainIndex/Meetingsspecial/tabid/586/Default.aspx#axzz30FEp5gDS
FrankP11 (California)
Posts: 13
Posts: 13
Posted:
Thank you for the info!
FrankP11 (California)
Posts: 13
Posts: 13
Posted:
Followup question, 5% of the members in a 14 unit building is only 1 member, correct? So basically anyone in my 14 unit building can petition for a special membership meeting?
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Since a special meeting of the members can only be held on a specific topic or couple of topics and given the size of your HOA, why not just invite the owner(s) who want to deal with whatever to place the Item on the board's monthly or quarterly board meeting agenda?
Or, as president, in CA, you can call a special meeting of the board. See your bylaws on both topics and also davis-stirling.com as Richard suggests.
Or, as president, in CA, you can call a special meeting of the board. See your bylaws on both topics and also davis-stirling.com as Richard suggests.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Frank
I am not nor do I play a lawyer especially in CA.
Typically a Special Meeting is limited to the subject it was called for such as a discussion concerning landscaping issues cannot be turned into a discussion about recalling a BOD member. A Special Meeting is not a call to a general bytching session.
I am not nor do I play a lawyer especially in CA.
Typically a Special Meeting is limited to the subject it was called for such as a discussion concerning landscaping issues cannot be turned into a discussion about recalling a BOD member. A Special Meeting is not a call to a general bytching session.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Quote:
Posted By JohnC46 on 04/29/2014 3:40 PM
Frank
I am not nor do I play a lawyer especially in CA.
Typically a Special Meeting is limited to the subject it was called for such as a discussion concerning landscaping issues cannot be turned into a discussion about recalling a BOD member. A Special Meeting is not a call to a general bytching session.
Frank
I am not nor do I play a lawyer especially in CA.
Typically a Special Meeting is limited to the subject it was called for such as a discussion concerning landscaping issues cannot be turned into a discussion about recalling a BOD member. A Special Meeting is not a call to a general bytching session.
You can have a town hall meeting for bitching if you want with no requirements to fulfill.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Richard's Town Hall meeting is a great idea! Just one reason is that without an agenda, no decisions can be made (in CA).. The Board might want to put certain issues on a future board meeting agenda.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Richard's Town Hall meeting is a great idea! Just one reason is that without an agenda, no decisions can be made (in CA). The Board might want to put certain issues that emerge on a future board meeting agenda.
ThomasD2 (California)
Posts: 208
Posts: 208
Posted:
Quote:
Posted By FrankP11 on 04/29/2014 11:16 AM
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
My southern california assoc. has 22 units. I turned in a petition with four signatures for a special meeting, I could have submitted it with less signatures. My request was turned down. There is not much you can do in such cases. I filed a complaint with the Cal. Office of the Attorney General (http://bit.ly/1fUlYKz). They sent a letter, but warn you many times they can not get involved in enforcement. They can only send a letter, which they did do promptly. The HOA responded by saying they had held the meeting. The only really effective thing you can do is organize with sympathetic neighbors. I've given up, however. Apathy is the real enemy.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Quote:
Posted By ThomasD2 on 05/01/2014 6:18 PM
Posted By FrankP11 on 04/29/2014 11:16 AM
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
My southern california assoc. has 22 units. I turned in a petition with four signatures for a special meeting, I could have submitted it with less signatures. My request was turned down. There is not much you can do in such cases. I filed a complaint with the Cal. Office of the Attorney General (http://bit.ly/1fUlYKz). They sent a letter, but warn you many times they can not get involved in enforcement. They can only send a letter, which they did do promptly. The HOA responded by saying they had held the meeting. The only really effective thing you can do is organize with sympathetic neighbors. I've given up, however. Apathy is the real enemy.
Small Claims Court works wonders. If you have the proper paperwork and follow the correct procedures, it's a $500.00 for EACH instance of you being turned down.
ThomasD2 (California)
Posts: 208
Posts: 208
Posted:
Quote:
Posted By RichardP13 on 05/01/2014 6:44 PM
Posted By ThomasD2 on 05/01/2014 6:18 PM
Posted By FrankP11 on 04/29/2014 11:16 AM
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
Can an Owner, non-Board member, request a formal open meeting? Just curious if this is something that happens.
Small Claims Court works wonders. If you have the proper paperwork and follow the correct procedures, it's a $500.00 for EACH instance of you being turned down.
I've heard small claims is an option, but have seen a figure attached. Where oh where did you get a 500 dollar figure? Have you ever seen that figure in print? The State Attorney General frequently tells you that if you have a serious problem you may need to consult an attorney, here at this website people will more frequently say that trying to be on the board is the best option. Both options have serious drawbacks in my circumstances.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
If you go onto davis-stirling.com, you'll find your answer. You are going to have to do a little digging, but you find it very beneficial.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Quote:
Posted By ThomasD2 on 05/01/2014 7:37 PM
Where oh where did you get a 500 dollar figure?
Where oh where did you get a 500 dollar figure?
Enforcement Rights from davis-stirling.com
CA Civil Code §5235 (scroll down the page)
Injunctive & Equitable Relief from davis-stirling.com
Small Claims Court from davis-stirling.com
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Along with the options others have mentioned, Thomas, can't you just invite a bunch of your HOA members to a meeting among yourselves? See if you can gather support for your position & that of the other petition signers? Meet in one of your homes, or common area place if you have one, i.e., wherever the Board meet ins are hod?
Put another way, why does it matter so much to you to have a formal HOA-sanctioned meeting? Was it for recall purposes?
Put another way, why does it matter so much to you to have a formal HOA-sanctioned meeting? Was it for recall purposes?
ThomasD2 (California)
Posts: 208
Posts: 208
Posted:
Quote:
Posted By TimB4 on 05/01/2014 8:31 PM
Posted By ThomasD2 on 05/01/2014 7:37 PM
Where oh where did you get a 500 dollar figure?
Where oh where did you get a 500 dollar figure?
Enforcement Rights from davis-stirling.com
CA Civil Code §5235 (scroll down the page)
Injunctive & Equitable Relief from davis-stirling.com
Small Claims Court from davis-stirling.com
I have other Davis Stirling bookmarks, but a couple of these are better. Thanks for forwarding.
ThomasD2 (California)
Posts: 208
Posts: 208
Posted:
Quote:
Posted By CarolR11 on 05/01/2014 8:40 PM
Along with the options others have mentioned, Thomas, can't you just invite a bunch of your HOA members to a meeting among yourselves? See if you can gather support for your position & that of the other petition signers? Meet in one of your homes, or common area place if you have one, i.e., wherever the Board meet ins are hod?
Put another way, why does it matter so much to you to have a formal HOA-sanctioned meeting? Was it for recall purposes?
Along with the options others have mentioned, Thomas, can't you just invite a bunch of your HOA members to a meeting among yourselves? See if you can gather support for your position & that of the other petition signers? Meet in one of your homes, or common area place if you have one, i.e., wherever the Board meet ins are hod?
Put another way, why does it matter so much to you to have a formal HOA-sanctioned meeting? Was it for recall purposes?
It was important to have a special meeting because the HOA is the organization that controls all the money! Apathy is pretty bad, there are only 22 units and 6 are board members, almost a quarter of the HOA members are on the board! Three or four board members are uninvolved. My other neighbors are sympathetic to my concerns, but don't want to be involved and just hope concerns will be addressed at some point.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Thomas, do your bylaws state that you should have a Board of six? For 22 units??
Those who're interested still could meet and then present a list of what the board needs to do. Make sure the law & your governing odds are attended to. That's how our group that took over the board after none year started out.
Those who're interested still could meet and then present a list of what the board needs to do. Make sure the law & your governing odds are attended to. That's how our group that took over the board after none year started out.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Thomas, do your bylaws state that you should have a Board of six? For 22 units??
Those who're interested still could meet and then present a list of what the board needs to do. Make sure the law & your governing odds are attended to. That's how our group that took over the board after none year started out.
Those who're interested still could meet and then present a list of what the board needs to do. Make sure the law & your governing odds are attended to. That's how our group that took over the board after none year started out.
ThomasD2 (California)
Posts: 208
Posts: 208
Posted:
Quote:
Posted By CarolR11 on 05/02/2014 9:59 AM
Thomas, do your bylaws state that you should have a Board of six? For 22 units??
Those who're interested still could meet and then present a list of what the board needs to do. Make sure the law & your governing odds are attended to. That's how our group that took over the board after none year started out.
Thomas, do your bylaws state that you should have a Board of six? For 22 units??
Those who're interested still could meet and then present a list of what the board needs to do. Make sure the law & your governing odds are attended to. That's how our group that took over the board after none year started out.
The bylaws state there are five board members. Our former PM recommended we meet and update the bylaws. Vote on changing some we thought were archaic. I would have voted to change the board to three members. The PM was fired shortly after that.
Usually when I come to this site people recommend that the only way to make a change is to be on the board, change the board. But apathy is pretty overwhelming. I think there is only one other homeowner who would join me.
ThomasD2 (California)
Posts: 208
Posts: 208
Posted:
You can see that yes owners can request a meeting, but can't predict what will happen after that. a
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here